SB3525 103RD GENERAL ASSEMBLY

LRB103 37618 KTG 67744 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3525

Introduced 2/9/2024, by Sen. Doris Turner

SYNOPSIS AS INTRODUCED:

305 ILCS 5/5-5.01c new
225 ILCS 65/Art. 80 rep.

Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to administer and enforce a Certified Medication Aide Program and regulate certified medication aides. Provides that to be approved as a facility qualified to participate in the program, a facility must: (i) be certified and in good standing as a supportive living facility by the Department; (ii) certify that the employment of a certified medication aide will not replace or diminish the employment of a registered nurse or licensed practical nurse at the facility; (iii) certify that a registered nurse will be on-duty and present in the facility to delegate and supervise the administration of medication by a certified medication aide at all times; (iv) certify that, with the exception of licensed health care professionals, only certified medication aides will be employed in the capacity of administering medication; and (v) provide information regarding patient safety, efficiency, and errors as determined by the Department. Requires the Department to submit a report on patient safety, efficiency, and errors, as determined by rule, to the General Assembly no later than 2 years after the effective date of the amendatory Act. Contains provisions concerning the scope of practice of certified medication aides; penalties for persons who practice as a medication aide without being certified; applications for original certification; examinations of applicants; application requirements; expiration of certification; and Department rules. Amends the Nurse Practice Act. Repeals provisions creating a Medication Aide Pilot Program. Effective immediately.

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by adding Section 5-5.01c as follows:

(305 ILCS 5/5-5.01c new)

Sec. 5-5.01c. Certified Medication Aide.

(a) Definitions. As used in this Section:

"Direct-care assignment" means an assignment for staffing requirements for direct care staff as that term is defined under 77 Ill. Adm. Code 300.1230.

"Certified medication aide" means a person who has met the qualifications for certification under this Section and assists with medication administration while under the supervision of a registered professional nurse in a long-term care facility.

"Program" means the Certified Medication Aide Program.

"Qualified facility" means a supportive living facility licensed by the Department of Public Health including any facility certified to participate in the supportive living program under Section 5-5.01a.

"Department" means the Department of Healthcare and Family Services.

(b) Medication Aide Program. The Department shall administer and enforce a Certified Medication Aide Program and regulate certified medication aides. To be approved as a facility qualified to participate in the program, a facility must satisfy all of the following requirements:

(1) Be certified and in good standing as a supportive living facility by the Department.

(2) Certify that the employment of a certified medication aide will not replace or diminish the employment of a registered nurse or licensed practical nurse at the facility.

(3) Certify that a registered nurse will be on-duty and present in the facility to delegate and supervise the administration of medication by a certified medication aide at all times.

(4) Certify that, with the exception of licensed health care professionals, only certified medication aides will be employed in the capacity of administering medication.

(5) Provide information regarding patient safety, efficiency, and errors as determined by the Department. Failure to submit any required report may be grounds for discipline or sanctions as prescribed by the Department.

The Department shall submit a report regarding patient safety, efficiency, and errors, as determined by rule, to the General Assembly no later than 2 years after the effective date of this amendatory Act of the 103rd General Assembly.

(c) Certification requirement; exempt activities. No person shall practice as a medication aide or hold himself or herself out as a certified medication aide in this State unless he or she is certified in accordance with this Section.

Nothing in this Article shall be construed as preventing or restricting the practice, services, or activities of:

(1) any person licensed in this State by any other law from engaging in the profession or occupation for which he or she is licensed;

(2) any person employed as a medication aide by the government of the United States, if such person practices as a medication aide solely under the direction or control of the organization by which he or she is employed; or

(3) any person pursuing a course of study leading to a certificate in medication aide at an accredited or approved educational program if such activities and services constitute a part of a supervised course of study and if such person is designated by a title which clearly indicates his or her status as a student or trainee.

Nothing in this Section shall be construed to limit the delegation of tasks or duties by a physician, dentist, advanced practice registered nurse, or podiatric physician as authorized by law.

(d) Scope of practice. A certified medication aide may only practice in a qualified facility. Certified medication aides must be supervised by and receive delegation by a registered nurse that is on-duty and present in the facility at all times. Certified medication aides shall not have a direct-care assignment when scheduled to work as a certified medication aide, but may assist residents as needed. Certified medication aides shall not administer any medication until a physician has conducted an initial assessment of the resident. Certified medication aides shall not administer any Schedule II controlled substances as set forth in the Illinois Controlled Substances Act, and may not administer any subcutaneous, intramuscular, intradermal, or intravenous medication.

(e) Uncertified practice; violation; civil penalty. In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a medication aide without being certified in accordance with this Section shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department. The Department has the authority and power to investigate any and all uncertified activity. The civil penalty shall be paid within 60 days after the date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

(f) Applications for original certification. Applications for original certification shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. The application shall require such information that, in the judgment of the Department, enables the Department to pass on the qualifications of the applicant for certification.

(g) Examinations. The Department shall authorize examinations of applicants for a certificate under this Section at the times and places as it may designate. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice as a medication aide.

Applicants for examination as a medication aide shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.

If an applicant fails to pass an examination for certification in accordance with this Section within 3 years after filing his or her application, the application shall be denied. The applicant may thereafter make a new application accompanied by the required fee; however, the applicant shall meet all requirements in effect at the time of subsequent application before obtaining certification. The Department may employ consultants for the purposes of preparing and conducting examinations.

(h) Application requirements. An applicant for certification by examination to practice as a certified medication aide must:

(1) submit a completed written application on forms provided by the Department and fees as established by the Department;

(2) be age 18 or older;

(3) have a high school diploma or a high school equivalency certificate;

(4) demonstrate the ability to speak, read, and write the English language, as determined by rule;

(5) demonstrate competency in math, as determined by rule;

(6) be currently certified in good standing as a certified nursing assistant and provide proof of 2,000 hours of practice as a certified nursing assistant within 3 years before application for a certificate under this Section;

(7) submit to the criminal history records check required under Section 46 of the Health Care Worker Background Check Act;

(8) have not engaged in conduct or behavior determined to be grounds for discipline under this Act;

(9) be currently certified to perform cardiopulmonary resuscitation by the American Heart Association or American Red Cross;

(10) have successfully completed a course of study approved by the Department as defined by rule; to be approved, the program must include a minimum of 60 hours of classroom-based medication aide education, a minimum of 10 hours of simulation laboratory study, and a minimum of 30 hours of registered nurse-supervised clinical practicum with progressive responsibility of patient medication assistance;

(11) have successfully completed the Medication Aide Certification Examination or other examination authorized by the Department; and

(12) submit proof of employment by a qualifying facility.

(i) Expiration of certification. The expiration date for each certification to practice as a certified medication aide shall be set by the rule. Enforcement and violations shall be subject to those within this Act.

(j) Title. No person shall use the title "certified medication aide" unless he or she holds a valid certificate issued by the Department in accordance with this Section.

(k) Rules. The Department shall adopt rules to implement the provisions of this Section within 90 days after the effective date of this amendatory Act of the 103rd General Assembly.

(225 ILCS 65/Art. 80 rep.)

Section 10. The Nurse Practice Act is amended by repealing Article 80.

Section 99. Effective date. This Act takes effect upon becoming law.